Service Call Reimbursement from Tenant on HVAC Filter Clog

[Michelle Felux]

Hello everyone! 

So we got a call this weekend in the South Texas heat that one of our tenants had the AC go out completely. Of course, we went through as quickly as we could to get in touch with our Home Warranty company and get an HVAC company dispatched to diagnose the issue.

HVAC returns my call today telling me that it was a "severely clogged air filter" causing the lines to freeze over. Her lease states that she should be changing the filters monthly and, in a subsequent section, that she would be liable to reimburse us promptly for damages... and service required by violating her lease rules.

I feel we are within our rights to request a $75 reimbursement for the service call and have this drafted:

Dear [tenant's name]:

Per your lease agreement, we are enclosing a bill for $75.00 and a copy of the HVAC technician’s findings and the diagnostic call receipt for services required for a “severely clogged air filter blocking the air flow causing the AC system to freeze up”.

Per your lease agreement, section 19B, you must replace air-conditioning filters monthly, which would have prevented the clogged air filter issue. Section 21A in your lease agreement outlines the requirement for prompt reimbursement for loss, damage, consequential damages, government fines or charges, or cost of repairs or service in the house because of a lease rules violation.

Sincerely, 

[Us]

Should I add anything more to this? My next steps would be to build my Quickbooks invoice and send it to her electronically. If she never pays this, would I deduct it from her security deposit at the end of the lease? I probably would not evict over something this minor, as she's a pretty solid tenant. Not 100% amazing, but pays on time, doesn't bother us much, etc.

Thanks for your input!